Terms and Conditions of Purchase
Before ordering any dental products from Smilox.com or using any of the dental products on Smilox.com, you must thoroughly read and understand the following agreement. This is a legally binding agreement upon registering at this site and/or purchasing items through this site. If you do not agree to any of the items listed in the agreement and/or if you cannot understand any of the items listed in the agreement, then you should exit this site immediately without purchasing and/or completing the registration process.
The terms "website", "web site", "site", "Smilox" or "Smilox.com" means any and all parties related to Smilox.com including their employees, agents, corporate parents/subsidiaries/partners/affiliates, owners, and related parties.
Smilox.com is herein referred to as "The Merchant" or "Merchant"
I understand and agree that:
- I understand that dental trays are for the sole purpose of whitening my teeth.
- I am purchasing products from this site for my own personal use.
- I will not use or purchase any dental product if I am pregnant or nursing until I have consulted with my dentist.
- I will take any dental impressions myself.
- I do not have loose or decayed teeth.
- I do not have loose crowns or periodontal problems (gum disease).
- I will consult with my dentist prior to use of any product(s) purchased from this site and/or if I experience any problems while using said product(s).
- I acknowledge and understand that this will NOT whiten any dental work (crowns, veneers, cavities, bridges, etc.).
- I acknowledge and understand that the employees/staff of The Merchant are not dentists.
- I am not allergic to sodium fluoride, carbamide peroxide, glycerin, carbome, sodium hydroxide, flavor, hydrogen peroxide, ammonium, hydroxide, silicone, and/or any other ingredient used in the dental products on this site.
- I understand that The Merchant does not guarantee results of any of the products offered on its website, nor are there any implied guarantees.
- I understand that The Merchant does not guarantee against tooth sensitivity, nor against trays that don't fit due to a bad impression, nor against any side effects resulting from the use of products purchased on this site.
- I agree that the total liability resulting from any claims against The Merchant is limited to the purchase price of the product/service in question.
- I am visiting this site because I am seeking a specific dental product to treat an identified oral/dental condition;
- I am under the care of a licensed dentist or dental care professional and am not relying on this website, or those individuals employed by this website, to be my dentist unless I visit him/her in person. I will not rely on or substitute the advice given by this website or any of its employees when it contradicts the advice of my current dentist;
- I will not make a claim that The Merchant and/or any related parties acted unprofessionally or below the standard of care solely because they did not perform a physical/clinical examination on me;
- In seeking these dental products or before using any dental product provided to me as requested, I will ensure that I have undergone a comprehensive physical/clinical examination by my current dentist, that I have a copy of the written report of such examination, and that I have identified any findings from my physical/clinical examination that could conflict and/or alter the efficacy of the dental products which I am ordering;
- I understand that failure on my part to obtain a physical/clinical examination by a licensed dental care professional and/or review the potential outcomes of various treatments/products available on this site with my dental care professional can result in the use of a product that is hazardous to my physical or mental health.
- I understand that I should not purchase any products from this website that were not specifically recommended to me by my dentist, regardless of any information provided on this website and/or its staff or related parties.
- I understand that The Merchant does not direct, control or influence the treatment decisions made by my dental professional with respect to my care or my request and The Merchant is not liable for any negligent act or omission of the examining dental professional;
- I am over 18 years of age;
- I am purchasing items for use only by myself;
- I am not visiting this site to determine if I fit the criteria for use of a specific dental product or treatment;
- I am not visiting my regular dental professional at this time because this site is more convenient or for other personal reasons;
- In accordance with the United States Arbitration Act, I agree that any dispute arising out of or related to the provision of products/services by the The Merchant or its affiliates, or their employees, partners and agents, shall be subject to final and binding arbitration exclusively through the Procedures of the American Arbitration Association. I understand that this agreement is voluntary and that it also in binding on any individual or entity claiming by or through me or on my behalf; and
- I chose this site on my own accord from several Internet options.
I hereby release The Merchant and/or its employees, directors, agents and other affiliated parties from all claims that The Merchant and related parties acted unprofessionally or below the standard of care solely because they did not perform a physical/clinical/dental examination on me.
This release includes, but is not limited to, my agreeing that:
- I am aware of potential side effects associated with the dental product(s) I purchase through this website, am assuming all the risk in using the dental product(s) and will not seek any indemnification, any damages of any kind, or any other liability from The Merchant, its parent, subsidiaries, affiliates, contractors, or partners, if I experience any of the side effects;
- I understand that no dentist, dental professional, or administrative personnel can guarantee that the dental products I am requesting will provide the results I seek;
- It is my responsibility to have an annual physician/dentist examination, including any suggested laboratory tests or treatments, to ensure that I do not have a condition which will make my using this product inappropriate or dangerous;
- I have consulted with my physician and/or dentist and am not currently taking any medications or combination of medications that will make the dental product I am requesting inadvisable to use ("contraindicated"); and
- I will notify my dentist that I am using the product that I am requesting so that he/she may advise to continue or discontinue its use.
ALL INFORMATION, ITEMS, AND SERVICES CONTAINED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED
IN USING THIS WEB SITE, I UNDERSTAND AND AGREE; (A) THAT The Merchant IS NOT RESPONSIBLE FOR THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ANY HEALTH CARE PROVIDER OR SUPPLIER THAT I MAKE BE LINKED WITH OR FOR ANY ACTION OR INACTION TAKEN BY ME IN RELIANCE UPON THE INFORMATION COMMUNICATED TO ME VIA THIS WEB SITE; (B) THAT THE TOTAL LIABILITY OF The Merchant AND ITS AFFILIATES, IF ANY, ARISING FROM OR RELATED TO INTERACTIONS I HAVE WITH OR THROUGH THIS WEB SITE (WHETHER THE CLAIM IS CONTRACT, TORT, WARRANTY, NEGLIGENCE, MALPRACTICE, FRAUD, OR OTHERWISE) IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS IN ANY RELEVANT TRANSACTION AND (C) THAT The Merchant SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
IN ACCORDANCE WITH THE ABOVE UNDERSTANDING, I AGREE TO RELEASE The Merchant, ITS PARENT, SUBSIDIARIES, EMPLOYEES, AGENTS, CORPORATE AFFILIATES AND RELATED PARTIES FROM ANY AND ALL LIABILITY ASSOCIATED WITH OR ARISING FROM THE USE OF THIS WEBSITE OR FROM THE MEDICAL, PHYSICAL, BEHAVIORAL OR OTHER EFFECTS OF ANY PRODUCT THAT MAY BE ORDERED OR PURCHASED AS A RESULT OF USING THIS WEBSITE.
IF ANY PROVISION OF THIS ABOVE AGREEMENT IS HELD TO BE VOID, UNENFORCEABLE OR ILLEGAL, THEN I AGREE THAT THE AGREEMENT WILL BE, CHANGED OR LIMITED ONLY TO THE EXTENT NECESSARY TO ENABLE THE REMAINING PROVISIONS TO BE OF FULL FORCE AND EFFECT.